Product Liability

The manufacture or supply of a defective product or a component that causes a safety issue has the potential to give rise to very substantial claims for loss of profits, the costs of remedying the defect and potentially compensating end users.

If you are facing any claims relating to products manufactured or supplied by you, we can investigate the background of the claim and, if necessary, instruct technical experts whose input will guide negotiations with the other party and help to determine the content of your claim or defence. 

If the claim cannot be settled through negotiation or a structured meeting such as mediation, we can issue court proceedings and make any applications that might be needed to join other parties in the supply chain as defendants.

We also have experience in dealing with regulatory investigations, responding to questions from regulators and representing clients during interviews conducted under caution by bodies such as the Medicines and Healthcare Regulatory Authority.

How can we help you?

• Identifying and instructing experts to provide technical input to pursue or defend a case.

• Advising you of your legal position under the terms of the agreement to manufacture or supply a product, including the extent to which liability might be limited or excluded, the reasonableness of any limitations on liability and whether such provisions are enforceable.

• Working with counsel to prepare claims and defences and making applications to join other parties in the supply chain.

• Serving proceedings on companies in foreign jurisdictions in connection with proceedings in the U.K.

• Formulating a complaint or claim against your insurer if cover has been denied or withdrawn.

• Dealing with regulatory investigations.

Recent Successes:

Resisting a number of claims against two manufacturers of pumps for alleged damage to property following the failure of a pump. After investigating the claims, we were able to avoid proceedings being issued against our client by establishing either that the client’s installation instructions were not followed, that the installation was undertaken by an unauthorised party or that the system was not adequately maintained.

Defending a component manufacturer in a substantial product liability claim. The claim arose from the supply of defective gaskets used in electrical transformers that were a component in radiotherapy machines. After the client’s insurer withdrew cover, we obtained a stay in the proceedings brought by the manufacturer of the transformers and commenced proceedings for a declaration that the client’s insurance cover had been wrongfully withdrawn. Both claims settled simultaneously at mediation with a payment being made by the client’s insurer to the manufacturer of the transformers.

Representing the owner of a company that inadvertently sold counterfeit oxygen monitors to the NHS. The monitors functioned but the client faced an investigation by the Medicines and Healthcare Regulatory Authority. The investigation was concluded following a period of negotiation without the company or its directors facing any sanction.